Loading...
Ordinance 1981-09548~A-20~a. WMAM:SSD:ha~ 02~12/8~ ORDINANCE NO. 81 - 9 AN ORDINANCE AMENDING DIVISION 3, INDUSTRIAL SEWER CHARGES, OF ARTICLE III, INDUSTRIAL SEWER SYSTEM, OF CHAPTER 19, SEWERS AND SEWAGE DISPOSAL, OF THE GILROY CITY CODE The City Council of the City of Gilroy does ordain as follows: Section 1. Division 3, Industrial Sewer Charges, of Article III, Industrial Sewer System, of Chapter 19, Sewers and Sewage Disposal, of the Gilroy Municipal Code is amended to read: Division 3. Industrial Sewer Charges Sec. 19.28. Charges for industrial sewer services. Charges for the making available and the providing by the city of an industrial wastewater collection, treatment and disposal service shall be as fixed from time to time by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. Sec. 19.29. Types of industrial sewer charges. Charges i'nc~ude serviCe charges, sta~bY Charges and right of use charges. Sec. 19.30. Service charges - Basis. Service c~'ges shall be established for services rendered, using the criteria of biochemical oxygen demand ("B.O.D."), suspended solids ("Solids" or "Silt"), and effluent flow ("Flow"). Sec. 19.31. Same - B.O.D. and Solids. Samples o~--I-~dus'trial waste discharged shall be taken, under the direction of the director, during each calendar month that an industrial user is in actual operation and discharging industrial wastewater, and analyzed for B.O.D. and Solids. The average of the B.O.D. and Solids (in parts per million) of all samples in any month shall be the B.O.D. and Solids for that month. Sec. 19.32. Same - Flow. Any indust--~l user may select as its effluent flow either industrial waste discharged (in metered cubic feet) or eighty per cent of water consumption (in metered cubic feet in excess of 20,000 cubic feet per month. ~ ORDINANCE NO. 81- 9 Sec. 19.33. Flow metering - Generally. (a) If the user selects industrial waste discharged as the basis for effluent flow,.the user shall install at its expense a sewage meter on each industrial waste line which discharges into the industrial sewer system. (b) If the user selects water consumption as the basis for effluent flow, and (1) the user uses city water, the user shall be charged for the installation of the water meter as set forth in Chapter 27, or (2) the user uses other than city water, the user shall install at its expense a water meter on all pumps which supply water the discharge from which directly or indirectly discharges into the industrial sewer system. Sec. 19.34. Same - Type, location and installation. The type, location and ins~allati0n of 'all meters shall be approved by the director. Sec. 19.35. Same - Failure to install. If the user does not install meters as directed by the director, the director may, with the approval of the council, install at the expense of the user a sewage meter on each industrial waste line which discharges into the industrial sewer system. Sec. 19.36. Standby charges - General. Standby charges shall be payable in the event service is available from the city and is not received by an industrial user during a calendar year in which bonds issued pursuant to the City of Gilroy Sewer Revenue Bond Ordinance for the industrial wastewater and sewage collection, treatment or disposal facilities or additions or improvements thereto are outstanding, Sec. 19.37. Same - Basis. The annual standby charge shall be based upon a ratio computed for the latest calendar year that such service is received by such user. The ratio is that of the gross revenues of the city for such service from such user to that of the gross revenues of the city for such service from all users (including such user) from which no standby charge was payable. Such ratio shall be applied to the annual fiscal agent fee and expenses, if any, and principal of and interest on the bonds outstanding and maturing during subsequent calendar years as reduced by any standby -2- charges payable by another user the ratio of which is computed for a calendar year preceding the calendar year for which the ratio of such user is computed, and the product is the standby charge of such user for such calendar year. Sec. 19.38. Service availability, rendition and receipt. (a) Service shal~ be deemed to be available from the city if the user can lawfully discharge wastewater into the industrial sewer system within an aggregate period of 2 months during a calendar year, shall be deemed to be rendered by the city if the user does discharge wastewater into such system at any time during a calendar year, and shall be deemed to be received by such user during such calendar year if such user does discharge wastewater to such system within an aggregate period of 45 days that such user is in actual operation.during such calendar year. (b) Neither the discontinuance of service nor the discontinuance of city water service, to a user by the city because of the failure or refusal of such user to comply with provisions of law, including this code, shall be deemed to make service unavailable from the city to such user. Sec. 19.39. Right of use charges. Right of use charges shall be payable by industrial users for which service becomes available, except that successors by consolidation or merger of a user which is not in default in compliance with provisions of law, or assignees of all or substantially all of the assets of a user which is not in default as aforesaid and which assets are used or useful in the business conducted at the premises of such user for which service is available, shall not be required to pay a right of use charge. Sec. 19.40. Charge collection. (a) Service charges shall be due on the first day of the month succeeding the month in which service is rendered and shall be delinquent the first day of the next month thereafter, except that service charges shall be recomputed within the last 3 months of each calendar year, and such charges for services rendered, together with the right of use and annual standby charges, if any, shall be due by the 20th day of November and shall be delinquent the 1st day of December of each calendar year. -3- (b) Ail types of charges, as defined in Section 19.29 hereof, which become delinquent, shall accrue basic and additional penalties. The basic penalty shall be 10% of the delinquent charges, and shall attach the first day of the delinquency. The additional penalties shall be 1/2 of 1% of the delinquent charges and basic penalty per month, and shall attach the 1st day of the month succeeding the delinquency date and the first day of each month thereafter. (c) If the director is of the opinion that a deposit is required to protect the interests of the city, he may require a deposit not exceeding the estimated amount of 1 year's charges before permitting the discharge of wastewater into the industrial sewer system, and that the deposit be maintained. Sec. 19.41. Billings. (a) Service charges including penalties thereon and deposits, collected shall be together with and not separately from the charges for domestic and nonindustrial sewer service and the charges for city water service, and all such charges shall be billed monthly as a part of the same billing and collected as one item. (b) Service charges, standby charges and right of use charges, as well as domestic and nonindustrial sewer service charges and city water service charges, shall be billed as follows: (1) In the case of service charges, including penalties and deposits, to the occupier of the premises at the time service was rendered. The occupier may be deemed, in the case of premises connected to the city water system, to be the user requesting such connection, or successor, or any person requesting that billing be made to it. The occupier may be deemed, in the case of premises not connected to the city water system, to be the user requesting the connection to the industrial sewer system, or successor, or any person requesting that billing be made to it. (2) In the case of standby charges or right of use charges, including penalties, and deposits, to the owner of the premises at the time such charge becomes due, or to the person guaranteeing payment of charges. -4- Sec. 19.41.1. Failure to pay charges. Upon the failure to pay any charges prior to delinquency, any one or more of the remedies provided herein may, or where otherwise required, shall, be taken by the city or city officials to enforce payment. Sec. 19.41.2. Action for unpaid charges. The city may bring an action in any court of competent jurisdiction, in the case of service charges against the occupiers of the premises at the time service was rendered, and in the case of standby charges or right of use charges against the owners of the premises at the time such charge became due, or against any person guaranteeing payment of charges, or against any or all of said occupiers, owners or other persons, for the collection of the amount of any required deposit or the collection of delinquent charges and all penalties thereon. Sec. 19.41.3. Charges to be a lien on premises. (a) Delinquent charges and all penalties"thereon when recorded as provided by subsection (b) shall constitute a lien upon the real property (except that no such lien shall be created against any publicly owned property) and such lien shall continue until the charges and all penalties thereon are fully paid or the property sold therefor. (b) The lien provided by subsection (a) shall attach when the treasurer or other officer whose duty it is to collect the charge records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the same is a lien and that the amount is payable to the City of Gilroy. Such lien shall have the same force, effect, priority and duration as to the property described as would the lien of an abstract of a judgment against the owner of the real property at the time such list is recorded and may be enforced in like manner. Property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or -5- otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1) or less. Sec. 19.41.4. Action to enforce lien. The city may bring an action'"in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon. Sec. 19.41.5. Discontinuance of sewer and water service. If all or any part Of a billing is not paid, the city may discontinue any and all services, both sewer and water, for which the billing is rendered. Whenever sewer or water service to a premise has been discontinued, such service shall not be reinstituted until all charges billed as a part of the same billing, including penalties, together with such reasonable charges for reinstitution of such service as may be fixed from time to time by the council, have been paid. Sec. 19.41.6. Remedies for collection and enforcement; payment of costs. Remedies for collecting and enforcing charges are cumulative and may be pursued alternately, or any thereof may be used consecutively when the council so determines. The costs of collection and enforcement of the remedies for the collection of charges may be paid from the revenues. In any actions provided for by Sections 19.41.2 or 19.41.4, the persons delinquent or the liened premises, as the caSe may be, shall also be liable for reasonable attorney's fees and costs of suit. Sec. 19.41.7. Sewer revenue agreements. In the event the city proposes to issue or issues bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance, in order to further secure such bonds or tend to make them more marketable, the city and users of the industrial sewer system may contract with respect to the establishment and collection of charges and other related matters, provided not inconsistent with this article. Sec. 19.41.8. Disposition of revenues. In the event bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance are outstanding and not -6- discharged, all charges received for, and all other income and receipts derived from the operation of the industrial sewer system or arising from such system, shall be used and applied as provided in the proceedings pursuant to which such bonds are issued. In the event amounts are transferred to the city pursuant to such proceedings, such amounts shall be transferred to the general fund of the citY to be used toward the expenses of maintaining and operating the industrial and sanitary sewer systems. This Ordinance is necessary as an emergency measure for the preservation of the peace, public health and safety. The reasons therefor are that the City has been cited for violation of the regulations of the Bay Area Air Pollution Control District relating to odor from industrial wastewater treatment system, and improvements thereto must be immediately financed in order to meet such regulations. This Ordinance is a revenue measure to provide funds therefor and for other improvements to accomplish said purposes which are needed to be undertaken before the Ordinance would otherwise become effective. This Ordinance shall be introduced and adopted at one and the same meeting and shall take effect upon adoption. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: NO ES: ABSENT: ATTEST: / Cit~ Cl~rk ~ COUNCIL MEMBERS:ALBERT, CUNNING~t~M,~UGNAN' LINK, PATE, TAYLOR an~ - ' f COUNCIL MEMBERS.None -- /./..~~. .. /_ ....... COUNCIL MEMBERS:None - /~ayor of the City of GilrO~ (SEAL) -7- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 81- 9 is an original Ordinance duly introduced and adopted at a regular meeting of the Council of the City of Gilroy held on the 2nd day of March , 19 81, by at least five affirmative votes. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 3rd day of March , 19 81 . City Clerk of t~e City of G~I~6Y -8-